0687211.01

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF PENNSYLVANIA

JOSEPH MARINO :

: CIVIL ACTION

v. :

: NO. 02-cv-4488

KENT LINE INTERNATIONAL d/b/a :

VOYAGEUR SHIPPING LTD. :

v. :

SLS, INC. d/b/a HOLT OVERSIGHT AND :

LOGISTICAL TECHNOLOGIES :

v. :

INCHCAPE SHIPPING :

NOTICE OF REMOVAL

Defendant Inchcape Shipping files this Notice of Removal of the present case 

from the Court of Common Pleas of Philadelphia County, Pennsylvania, in which it is now 

pending, to the United States District Court for the Eastern District of Pennsylvania, and avers as 

follows:

1. Plaintiff initiated the instant action on June 6, 2002, by filing a Complaint in the 

Court of Common Pleas of Philadelphia County, captioned Joseph Marino v. Kent Line 

International, SLS, Inc., and Inchcape Shipping, which is docketed at June 2002 No. 000644. 

See Plaintiff’s Complaint, attached as Exhibit “A.”

2. Personal service of Plaintiff’s Complaint was made on defendant Inchcape 

Shipping on or after June 10, 2002.

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3. Plaintiff alleges he was injured on June 23, 2000 “engaged as a longshoreman.” 

See Exhibit A, ¶ 1.

4. Plaintiff’s Complaint seeks damages against the defendants and alleges that he 

“suffered severe, permanent, disabling and disfiguring injuries to his leg and spine including 

pathology . . . [and including] past, present and future lost wages, past, present and future 

medical bills, pain and suffering and emotional distress.” See Exhibit A, ¶ 17

5. At the time this Complaint was filed, and the time this Notice is being filed, 

defendant Inchcape Shipping was and is an Alabama corporation with its principal place of 

business in Mobile, Alabama. 

6. To the best of defendant Inchcape Shipping’s information, knowledge and belief, 

defendant Kent Line International d/b/a Voyageur Shipping Ltd. is incorporated in Canada with 

its principal place of business at St. John, New Brunswick, Canada. 

7. SLS, Inc. d/b/a Holt Oversight and Logistical Technologies is a Delaware 

corporation with its principal place of business in New Jersey. 

8. To the best of defendant Inchcape Shipping’s information, knowledge and belief, 

plaintiff Joseph Marino is a citizen and resident of the Commonwealth of Pennsylvania, and at 

the time this lawsuit was instituted, resided at 401 Ritner Street, Philadelphia, Pennsylvania. See 

Exhibit “A.”

9. Plaintiff’s claims are also subject to the provisions and limitations of the 

Longshore and Harbor Workers’ Compensation Act, 33 U.S.C. §§ 901-950.

10. The present lawsuit is removable from the state court to this Court pursuant to 28 

U.S.C. §1441(b) and (c), because diversity of citizenship exists between the plaintiff, a citizen 

and resident of the Commonwealth of Pennsylvania, and the defendants, corporations organized 

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and existing, and with principal places of businesses, outside the Commonwealth of 

Pennsylvania. Said diversity of citizenship existed at the time the action sought to be removed 

was commenced and continues to the time of the filing of this Notice. The sum in controversy, 

exclusive of interest and costs, is in excess of $150,000.00, based on the ad damnum clauses in 

the three counts of the Complaint, as well as the damages claimed by plaintiff in ¶ 17 of his 

Complaint. Therefore, as to said claims, jurisdiction is vested in this Court and the defendant is 

entitled to removal under 28 U.S.C. §§ 1332 and 1441. 

11. Alternatively, the Complaint sets forth separate and independent claims or causes 

of action against Inchcape Shipping that arise under the laws of the United States and such 

claims are within the original jurisdiction conferred on the district courts of the United States by 

28 U.S.C. §1331.

12. The time for removal has not expired because this Notice of Removal has been 

filed within 30 days of June 10, 2002, the earliest date Inchcape Shipping received notice in the 

form of service of process of the initial pleading against Inchcape Shipping proving notice that 

the present case was removable to this Court. See 28 U.S.C. §1446(b).

13. Venue is properly laid in this district because plaintiff alleges that the events 

giving rise to Plaintiff’s claim allegedly occurred in this district. 28 U.S.C. §1391(b).

14. Inchcape Shipping believes that Kent International of Canada has not been served 

with the Complaint.

15. SLS, Inc. d/b/a Holt Oversight and Logistical Technologies joins in and consents 

to this removal. See Exhibit “C”. 

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16. WHEREFORE, the above-captioned action, now pending in the Court of 

Common Pleas of Philadelphia County, Pennsylvania is removed therefrom to this Honorable 

Court.

RAWLE & HENDERSON LLP

By:______________________________

Carl D. Buchholz, III, Esquire

Ann-Michele G. Higgins, Esquire

The Widener Bldg., 16th Floor

One S. Penn Square

Philadelphia, PA 19107

(215) 575-4200

Attorney for Defendant,

Inchcape Shipping

DATED: __________________________

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CERTIFICATE OF SERVICE

I do hereby certify that a true and correct copy of the Notice of Removal on behalf 

of defendant Inchcape Shipping, was sent by First Class Mail, postage prepaid, to the following 

counsel and/or parties of record:

Thomas More Holland, Esquire

Law Offices of Thomas More Holland

1522 Locust Street

Grace Hall 

Philadelphia, PA 19102

Attorney for Plaintiff

RAWLE & HENDERSON LLP

By:_______________________________

Ann-Michele G. Higgins, Esquire

Attorneys for Defendant,

Inchcape Shipping

The Widener Building

One South Penn Square

Philadelphia, PA 19107

(2l5) 575-4200

DATED: ____________________________

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